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A Comparative Study between Space Law and the Law of the Sea (우주법과 해양법의 비교 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.187-210
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    • 2009
  • Space law(or outer space law) and the law of the sea are branches of international law dealing with activities in geographical ares which do not or do only in part come under national sovereignty. Legal rules pertaining to the outer space and sea began to develop once activities emerged in those areas: amongst others, activities dealing with transportation, research, exploration, defense and exploitation. Naturally the law of the sea developed first, followed, early in the twentieth century, by air law, and later in the century by space law. Obviously the law of the sea, of the air and of outer space influence each other. Ideas have been borrowed from one field and applied to another. This article examines some analogies and differences between the outer space law and the law of the sea, especially from the perspective of the legal status, the exploration and exploitation of the natural resources and environment. As far as the comparisons of the legal status between the outer space and high seas are concerned the two areas are res extra commercium. The latter is res extra commercium based on both the customary international law and treaty, however, the former is different respectively according to the customary law and treaty. Under international customary law, whilst outer space constitutes res extra commercium, celestial bodies are res nullius. However as among contracting States of the 1967 Outer Space Treaty, both outer space and celestial bodies are declared res extra commercium. As for the comparisons of the exploration and exploitation of natural resources between the Moon including other celestial bodies in 1979 Moon Agreement and the deep sea bed in the 1982 United Nations Convention on the Law of the Sea, the both areas are the common heritage of mankind. The latter gives us very systematic models such as International Sea-bed Authority, however, the international regime for the former will be established as the exploitation of the natural resources of the celestial bodies other than the Earth is about to become feasible. Thus Moon Agreement could not impose a moratorium, but would merely permit orderly attempts to establish that such exploitation was in fact feasible and practicable, by allowing experimental beginnings and thereafter pilot operations. As Professor Carl Christol said until the parties of the Moon Agreement were able to put into operation the legal regime for the equitable sharing of benefits, they would remain free to disregard the Common Heritage of Mankind principle. Parties to one or both of the agreements would retain jurisdiction over national space activities. In so far as the comparisons of the protection of the environment between the outer space and sea is concerned the legal instruments for the latter are more systematically developed than the former. In the case of the former there are growing tendencies of concerning the environmental threats arising from space activities these days. There is no separate legal instrument to deal with those problems.

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The Need for Modernization of the Tokyo Convention(1963) on the Issue of Unruly Passengers and the Inadequacy of Korean Domestic Legal Approaches (기내 난동승객관련 도쿄협약의 개정필요성과 한국국내법적 접근의 한계)

  • Bae, Jong-In;Lee, Jae-Woon
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.3-27
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    • 2012
  • Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

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Screening of salt-tolerance plants using transgenic Arabidopsis that express a salt cress cDNA library (Salt cress 유전자의 형질전환을 통한 내염성 식물체 선별)

  • Baek, Dongwon;Choi, Wonkyun;Kang, Songhwa;Shin, Gilok;Park, Su Jung;Kim, Chanmin;Park, Hyeong Cheol;Yun, Dae-Jin
    • Journal of Plant Biotechnology
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    • v.41 no.2
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    • pp.81-88
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    • 2014
  • Salt cress (Thellungiella halophila or Thellungiella parvula), species closely related to Arabidopsis thaliana, represents an extremophile adapted to harsh saline environments. To isolate salt-tolerance genes from this species, we constructed a cDNA library from roots and leaves of salt cress plants treated with 200 mM NaCl. This cDNA library was subsequently shuttled into the destination binary vector [driven by the cauliflower mosaic virus (CaMV) 35S promoter] designed for plant transformation and expression via recombination- assisted cloning. In total, 305,400 pools of transgenic BASTA-resistant lines were generated in Arabidopsis using either T. halophila or T. parvula cDNA libraries. These were used for functional screening of genes involved in salt tolerance. Among these pools, 168,500 pools were used for primary screening to date from which 7,157 lines showed apparent salt tolerant-phenotypes in the initial screen. A secondary screen has now identified 165 salt tolerant transgenic lines using 1,551 (10.6%) lines that emerged in the first screen. The prevalent phenotype in these lines includes accelerated seed germination often accompanied by faster root growth compared to WT Arabidopsis under salt stress condition. In addition, other lines showed non-typical development of stems and flowers compared to WT Arabidopsis. Based on the close relationship of the tolerant species to the target species we suggest this approach as an appropriate method for the large-scale identification of salt tolerance genes from salt cress.

Verification of Gated Radiation Therapy: Dosimetric Impact of Residual Motion (여닫이형 방사선 치료의 검증: 잔여 움직임의 선량적 영향)

  • Yeo, Inhwan;Jung, Jae Won
    • Progress in Medical Physics
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    • v.25 no.3
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    • pp.128-138
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    • 2014
  • In gated radiation therapy (gRT), due to residual motion, beam delivery is intended to irradiate not only the true extent of disease, but also neighboring normal tissues. It is desired that the delivery covers the true extent (i.e. clinical target volume or CTV) as a minimum, although target moves under dose delivery. The objectives of our study are to validate if the intended dose is surely delivered to the true target in gRT and to quantitatively understand the trend of dose delivery on it and neighboring normal tissues when gating window (GW), motion amplitude (MA), and CTV size changes. To fulfill the objectives, experimental and computational studies have been designed and performed. A custom-made phantom with rectangle- and pyramid-shaped targets (CTVs) on a moving platform was scanned for four-dimensional imaging. Various GWs were selected and image integration was performed to generate targets (internal target volume or ITV) for planning that included the CTVs and internal margins (IM). The planning was done conventionally for the rectangle target and IMRT optimization was done for the pyramid target. Dose evaluation was then performed on a diode array aligned perpendicularly to the gated beams through measurements and computational modeling of dose delivery under motion. This study has quantitatively demonstrated and analytically interpreted the impact of residual motion including penumbral broadening for both targets, perturbed but secured dose coverage on the CTV, and significant doses delivered in the neighboring normal tissues. Dose volume histogram analyses also demonstrated and interpreted the trend of dose coverage: for ITV, it increased as GW or MA decreased or CTV size increased; for IM, it increased as GW or MA decreased; for the neighboring normal tissue, opposite trend to that of IM was observed. This study has provided a clear understanding on the impact of the residual motion and proved that if breathing is reproducible gRT is secure despite discontinuous delivery and target motion. The procedures and computational model can be used for commissioning, routine quality assurance, and patient-specific validation of gRT. More work needs to be done for patient-specific dose reconstruction on CT images.

A Study on the Factors that Affect the Investment Behavior in Financial Investment Products : Focused on the Effect of Adjustment in Investment Consulting Service (금융투자상품 투자행동에 영향을 미치는 요인에 관한 연구: 투자상담서비스의 조절효과를 중심으로)

  • Lee, Kye Woung;Ha, Kyu Soo
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.9 no.5
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    • pp.53-68
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    • 2014
  • This study is aimed at analyzing the factors that affect the behaviors of employee's investment, such as a decision making process in a variety of views and proving the extent of how those factors influence on their investment. The basic assumption is that the preceding factors that can be determined by the personal investment propensity, a psychological factor asserted by Behavior Financial Theory and financial-economic and social environment. This study uses Hershey's Investment Behavior Model(2007) as the main analysis tool to explain the investment behavior of individuals and deals with personal investment inclination in the psychological perspective of overconfidence, self-control and the risk tolerance propensity and add the financial and economic factors in terms of financial literacy and economic distress. Also the new preceding social environmental factors like social interaction and the effect of reference group are added to make this research to be more precise. This study analyze the adjustment effect of professional invest-consulting service that affect the fluctuation influence between the individual variables(those factors) and subordination variable(the level of investment satisfaction). The study reveals that overconfidence and self-control in direct ways have a positive effect on the level of investment satisfaction in terms of investment behavior and economic distress has a negative effect on the level of investment satisfaction. The adjustment effect provided by financial experts in investment consulting service is affirmed as the critical factor that increase the influence between self-control and the level of investment satisfaction. To conclude, the research reveals that the psychological factors are the main criteria when the workers as employees have to make investment decisions. To make investors be reasonable, a systematic financial education system provided by experts is needed from the early adolescent stages and financial companies should develop the relevant services of consulting service department as a key financial sector and financial investment products and consulting program and marketing tool pertinent to investors ages, vocational traits and their inclinations.

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Estimating the Competition Indices and Diameter Growth of Individual Trees through Position-dependent Stand Survey (위치종속임분조사(位置從屬林分調査)에 의한 개체목(個體木)의 경쟁지수(競爭指數) 및 흉고직경생장(胸高直徑生長) 추정(推定))

  • Lee, Woo-Kyun
    • Journal of Korean Society of Forest Science
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    • v.85 no.3
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    • pp.539-551
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    • 1996
  • In this study, a number of distance-dependent competition indices on tree-level which incorporate the tree sizes and distances to competitors, and traditional stand-level density measures were estimated from the data compiled with position-dependent survey in a Pinus densiflora stand. The performance of the estimated competition indices was examined by comparing the relationship with the diameter growth, and a dbh growth function, in which the competition index is considered as a one of influence factors, are developed. In the searching method of competing trees, the competition index estimated with $30^{\circ}$ competition interrupting angle showed the highest correlation with the annual dbh growth, while the expanding the competing zone distance had no significant effect on the performance of competition index in estimating annual dbh growth. The most of the examined stand-level competition indices, based on distance-dependent single-tree competition indices, were evaluated to describe similarly the stand competition status. As a result of partial correlation analysis in which the effect of age and site index are eliminated, Alemdag's mean competition index and relative spacing index were determined to have the highest correlation with dbh. The relative spacing index, which can be easily measured in field without measuring the position of individual trees, was considered to be a better suited one for estimating mean dbh of a stand. Among distance-dependent competition indices on tree-level, Hegyi's competition index showed the best performance in their correlation with annual dbh growth, if eliminated the effect of site index and dbh. This enabled to derive the following annual dbh growth function of individual trees which incorporate age, dominant height, dbh and Hegyi's competition index as influence factors : $$dbh^{\prime}=3.975362676{\cdot}age^{-1.099274613}{\cdot}ho^{0.199893990}{\cdot}dbh^{0.269430865}{\cdot}HgCI^{-0.353643587}$$ This function is coincided to the growth principle in which site index has a positive effect on the annual dbh growth, while high age or competition causes to reduce the annual dbh growth, and can be used as a function in single tree growth model.

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A Review Study on Major Factors Influencing Chlorine Disappearances in Water Storage Tanks (저수조 내 잔류염소 감소에 미치는 주요 영향 인자에 관한 문헌연구)

  • Noh, Yoorae;Kim, Sang-Hyo;Choi, Sung-Uk;Park, Joonhong
    • Journal of Korean Society of Disaster and Security
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    • v.9 no.2
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    • pp.63-75
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    • 2016
  • For safe water supply, residual chlorine has to be maintained in tap-water above a certain level from drinking water treatment plants to the final tap-water end-point. However, according to the current literature, approximately 30-60% of residual chlorine is being lost during the whole water supply pathways. The losses of residual chlorine may have been attributed to the current tendency for water supply managers to reduce chlorine dosage in drinking water treatment plants, aqueous phase decomposition of residual chlorine in supply pipes, accelerated chlorine decomposition at a high temperature during summer, leakage or losses of residual chlorine from old water supply pipes, and disappearances of residual chlorine in water storage tanks. Because of these, it is difficult to rule out the possibility that residual chlorine concentrations become lower than a regulatory level. In addition, it is concerned that the regulatory satisfaction of residual chlorine in water storage tanks can not always be guaranteed by using the current design method in which only storage capacity and/or hydraulic retention time are simply used as design factors, without considering other physico-chemical processes involved in chlorine disappearances in water storage tank. To circumvent the limitations of the current design method, mathematical models for aqueous chlorine decomposition, sorption of chlorine into wall surface, and mass-transfer into air-phase via evaporation were selected from literature, and residual chlorine reduction behavior in water storage tanks was numerically simulated. The model simulation revealed that the major factors influencing residual chlorine disappearances in water storage tanks are the water quality (organic pollutant concentration) of tap-water entering into a storage tank, the hydraulic dispersion developed by inflow of tap-water into a water storage tank, and sorption capacity onto the wall of a water storage tank. The findings from his work provide useful information in developing novel design and technology for minimizing residual chlorine disappearances in water storage tanks.

The effects of self-perception of halitosis on oral health behaviors of college students (서비스직 유무에 따른 아르바이트 종사자 대학생의 자가구취인식도가 구강보건관리실천도에 미치는 영향)

  • Jeong, Hye-Min;Cho, Han-A;Chung, Sung-Kyun;Kim, Ah-Yeong;Kim, Ye-Lin;Kim, You-Rim;Lee, Ye-Jin;Lee, Eun-A;Jung, Min-Ju;Lim, Do-Seon
    • Journal of Korean Dental Hygiene Science
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    • v.2 no.2
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    • pp.31-39
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    • 2019
  • Background: The purpose of this study was to investigate the effect of self-perception of halitosis on oral health behaviors of college students according to whether they worked in a non-service or service-related job. Methods: A self-reporting questionnaire of 150 university students working in service jobs and 150 university students working in non-service jobs in the metropolitan area was conducted from 26th April to 5th May 2018. The survey tool consisted of 3 general topic areas. There were 5 questions on oral health awareness behavior, 3 questions related to their self-perception of halitosis, and 8 questions on their oral health care practice. All were measured on the Likert 5-point scale. The frequency of their oral health behaviors and their self-perception of halitosis were analyzed according to the subjects' occupation. Pearson's correlation analysis and a linear regression analysis were conducted to confirm the influence of the two. The significance level for the statistical significance test was set to α = 0.05 (two-tailed). Results: In both the service and non-service groups, a coated tongue and food debris were found to influence halitosis(x2=10.95, p=0.027). According to the t-test, taking into account the self-perception of halitosis and oral health behaviors, both were higher in those that had a service job. Self-perception of halitosis and oral health behaviors were found to have a negative correlation(γ=-0.11, p<0.05). As the self-perception of halitosis increased, oral health care practices also increased(Beta=-0.185, p=0.020). Conclusions: Systematic interventions such as oral health programs and health promotion are needed to improve the oral health of service workers.

Independent Verification Program for High-Dose-Rate Brachytherapy Treatment Plans (고선량률 근접치료계획의 정도보증 프로그램)

  • Han Youngyih;Chu Sung Sil;Huh Seung Jae;Suh Chang-Ok
    • Radiation Oncology Journal
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    • v.21 no.3
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    • pp.238-244
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    • 2003
  • Purpose: The Planning of High-Dose-Rate (HDR) brachytherapy treatments are becoming individualized and more dependent on the treatment planning system. Therefore, computer software has been developed to perform independent point dose calculations with the integration of an isodose distribution curve display into the patient anatomy images. Meterials and Methods: As primary input data, the program takes patients'planning data including the source dwell positions, dwell times and the doses at reference points, computed by an HDR treatment planning system (TPS). Dosimetric calculations were peformed in a $10\times12\times10\;Cm^3$ grid space using the Interstitial Collaborative Working Group (ICWG) formalism and an anisotropy table for the HDR Iridium-192 source. The computed doses at the reference points were automatically compared with the relevant results of the TPS. The MR and simulation film images were then imported and the isodose distributions on the axial, sagittal and coronal planes intersecting the point selected by a user were superimposed on the imported images and then displayed. The accuracy of the software was tested in three benchmark plans peformed by Gamma-Med 12i TPS (MDS Nordion, Germany). Nine patients'plans generated by Plato (Nucletron Corporation, The Netherlands) were verified by the developed software. Results: The absolute doses computed by the developed software agreed with the commercial TPS results within an accuracy of $2.8\%$ in the benchmark plans. The isodose distribution plots showed excellent agreements with the exception of the tip legion of the source's longitudinal axis where a slight deviation was observed. In clinical plans, the secondary dose calculations had, on average, about a $3.4\%$ deviation from the TPS plans. Conclusion: The accurate validation of complicate treatment plans is possible with the developed software and the qualify of the HDR treatment plan can be improved with the isodose display integrated into the patient anatomy information.

Effects of Sowing Date on Grain Filling and Related Traits in Winter Barley (파종기 차이가 보리의 등숙과 등숙관련 형질에 미치는 영향)

  • 류용환;이창덕;하용웅
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.37 no.1
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    • pp.93-103
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    • 1992
  • Experiments were conducted in the research field of the Wheat and Barley Research Institute with three barley cultivars, Olbori, Kangbori and Suwon 18, which showed different growth characteristics. The highest rates of daily dry matter accumulation in grains were 1.03 1.94 mg / grain / day in early and optimum sowings and 0.88 1.88 mg / grain / day in late sowings, which occurred around 20~30 days after heading in early and optimum sowings and 15~20 days after heading in late sowings. Grains reached their maximum weight by 40 days after heading in early and optimum sowings and 35 days after heading in late sowings. Total sugar content in grains followed a pattern of linear increase immediately after heading, but it started to decrease around 20 days after heading. On the other hand, starch content continued to increase until maturity. The contents of both components were high in the order of &apos;Olbori&apos; &gt; &apos;Kangbori&apos; &gt; &apos;Suwon 18&apos;, but they did not respond in a regular pattern to different sowings. 1,000 grain weight showed highly significant positive correlation(r=0.767$^{**}$) with the duration of grain growth, but it had negative correlations with the average (r=-0.548$^{**}$) or the sum (r=-0.595$^{**}$) of post-anthesis daily mean temperature.ature.

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